Medical advances in the United States have reduced the number of birth injuries. However, injuries during birth, including brain damage, still happen in approximately one out of 1,000 births. Sadly, these injuries can cause severe physical and neurological problems for years. Sometimes, the damage is permanent.
When something goes wrong, and a baby suffers brain damage during birth, Wagner Reese, LLP, is ready to assist you. Our Indiana birth injury attorneys have built an outstanding reputation for holding medical professionals and facilities accountable for their negligence. If your child’s injury was caused by someone’s negligence, our brain and birth injury attorneys could help you receive compensation for your economic and non-economic damages.
Our personal injury attorneys have received numerous awards and accolades for their legal work. Many of our attorneys belong to the Multi-Million Dollar Advocates Forum. This honor is earned by just 1% of practicing attorneys in the United States.
Additionally, Wagner Reese was named among The Best Lawyers in America© by Best Lawyers® lists in 2022 and 2024. This recognition shows our tremendous success in obtaining fair compensation for our clients. Speak to our legal team today to learn how we can help with your birth injury case.
Brain Damage Birth Injuries In Newborns
Brain damage is one of the most severe birth injuries and is a common cause of death in newborns. Every newborn brain damage case can vary in symptoms and severity. While no two cases are the same, there are three basic types of birth-related brain injury:
- Mild brain injury: This type of injury during birth can cause a hematoma in the infant, as well as skull fractures.
- Moderate brain injury: A moderate brain injury during birth can lead to more bleeding, significant fractures, and bleeding between the brain and skull (subdural hemorrhages).
- Severe brain injury: This injury is caused by a high degree of pressure on the brain from seizures and bleeding. An injury this severe can result in serious brain damage or death. It may be due to conditions such as periventricular leukomalacia or intraventricular hemorrhage.
Mild and moderate brain injuries during birth may require less medical care than a more serious brain injury. Unfortunately, babies who suffer severe brain damage could have long-term neurological and physical problems.
What Causes Brain Damage In Infants?
Several things could lead to brain damage in an infant. One of the most common causes of brain damage is asphyxiation during the birth process. Asphyxia could happen because of several things during birth:
- Not enough oxygen in the blood of the mother during birth
- Umbilical cord complications
- Infections
- Anemia
- Malformed or blocked airway
- Placental abruption
Inadequate oxygen during birth can cause brain damage, including seizures, cerebral palsy, and other neurological or cognitive disabilities.
Signs and Symptoms of Brain Damage In Babies
Brain damage in an infant caused during childbirth may or may not be recognizable at first. Signs and symptoms of the injury could be immediate or delayed. If there is severe brain damage, the following symptoms may be apparent immediately after birth:
- Small skull or head
- Seizures
- Excessive crying
- Difficulty eating or sleeping
- Constant fussiness or irritability
- Abnormal eye movements
- Neck stiffness
- Distorted or unusual facial features
- Spinal malformities
If the brain damage is less severe, there may not be immediate behavioral and physical symptoms. But this doesn’t mean that brain damage didn’t occur during birth. Parents could notice unusual symptoms in the weeks or months after birth. The child could have muscle spasms, tremors, paralysis, or delayed physical development. As the baby grows, they could also experience delays in physical development.
How an Indiana Birth Injury Attorney Can Help
If you think your baby’s brain damage is related to medical malpractice, speak to an Indiana birth injury attorney. These cases are complex. The defendant will be a doctor or medical facility with excellent attorneys.
Here is how your birth injury attorney can help your claim:
Investigate and Construct a Strong Case
The first step in an infant brain injury case is to investigate. Your attorney’s investigation is a critical aspect of the case. It may show that the doctor or facility has a pattern of substandard care and behavior in childbirth cases. Investigating and constructing the case means gathering all facts about your child’s birth that could have caused the brain damage.
Birth injury lawyers pay close attention to the physicians and nurses who handle the baby. The cause of brain injury in a birth is sometimes negligence in the standard of care. For example, a doctor may have skipped essential safety precautions for the baby, which caused the injury.
File the Birth Injury Case
Your attorney will file your birth injury case in the proper court. Many different courts in Indiana handle various kinds of cases. Your birth injury case must be filed in the appropriate court so it isn’t dismissed.
Gather Evidence
Your lawyer will collect the necessary evidence to prove your case. This is a different process than the early investigation. This part of the claim involves collecting medical documents, sworn testimonies, and other evidence to prove negligence.
Fight for Compensation
Your attorney will argue for the most compensation for you and your child. You could be entitled to compensation for medical expenses in the past, future medical expenses, loss of wages, and more.
Speak to an Indiana Birth Injury Attorney Now
If your child suffers brain damage during birth, it’s understandable to wonder if someone is to blame. Preventable medical errors cause many infant brain injury cases. Having your case reviewed by a birth injury attorney may be beneficial.
Wagner Reese, LLP is a strong advocate for injury victims, including babies who suffered a brain injury during birth. You can rely on our Indiana birth injury attorneys to fight for the maximum compensation for your baby’s injuries and the other losses you have sustained.
It’s never easy to deal with a brain injury during birth, but obtaining fair compensation could help you provide the care your baby needs. Our attorneys will review your case and lay out your legal options. Contact our personal injury attorneys today at (866) 824-6380.